IN THE CASE OF: BOARD DATE: 24 February 2023 DOCKET NUMBER: AR20220004960 APPLICANT REQUESTS: correction of the General Orders that awarded him the Bronze Star Medal and the resultant certificate to show his rank/grade as sergeant (SGT)/E-5 vice specialist five (SP5)/E-5. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Extension of Vietnam Tour * Acting Sergeant Order, 5 August 1969 * General Orders Number 3401, Bronze Star Medal * Bronze Star Certificate * Letter of Commendation FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states at the time of the award, he was a sergeant. He wants the rank corrected for family future. 3. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 11 July 1967. He held military occupational specialty 96D, Image Interpreter. b. Special Orders Number 26, issued by Headquarters, U.S. Army Intelligence School on 2 February 1968 promoted him to specialist four/E-4. c. He served in Vietnam with Detachment B, 1st Military Intelligence (Ml) Battalion, from 12 March 1968 through 8 February 1970. d. On 18 October 1968, Headquarters, 1st MI Battalion, Vietnam published Special Orders Number 171 promoting/appointing him to Specialist Five (SP5)/E-5. e. On 5 August 1969, Detachment B, 1st MI Battalion, published Unit Orders Number 35 appointing him to the temporary grade of “Acting Sergeant (E-5)), effective 5 August 1969. The reason for this appointment is for assignment as “Alternate Custodian of Secret and Confidential Material for Detachmet B, 1st MI Battalion.” f. On 16 August 1969, he requested an extension of his Vietnam tour for a period of 122 days. The Disposition Form used to make this request listed his rank as SGT. g. On 6 September 1969, Headquarters, U.S. Army Vietnam, published General Orders Number 3401 awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in Vietnam from March 1968 to October 1969. Both, the General Orders, and the resultant certificate listed his rank as SP5/E-5. h. On 15 October 1969, Detachment B, 1st MI Battalion, published Unit Orders Number 56 appointing him to the “Vietnamese Labor Fund for his unit.” The orders listed his rank as SGT. i. On 16 February 1970, Headquarters, U.S. Army Vietnam, published General Orders Number 441 awarding him the Air Medal for meritorious achievement while participating in aerial flight from 19 September 1968 to 18 August 1969. The General Orders listed his rank as SP5/E-5. j. On 30 June 1970, as he was departing Vietnam, a sergeant first class inspected his baggage for unauthorized items. the Disposition Form that documented this action listed his rank as SGT. k. He was honorably released from active duty on 11 February 1970. His DD Form 214 shows his rank/grade as SGT/E-5 and his effective date of pay grade as 18 October 1968. l. On 23 May 2016, he was issued a DD Form 215 (Correction to DD Form 214) that added several awards to his DD Form 214. 4. By regulation (AR 600-200), Paragraph 7-11 stated that company and detachment commanders could appoint acting SGTs to fill position vacancies existing in their units. Acting NCOs could wear either the regular insignia of grade permanently affixed to the sleeve or acting NCO brassards. Acting NCOs were not entitled to pay and allowances of such higher grades and service as an acting NCO would not be credited as time in a higher grade for appointment or date of rank purposes. An acting NCO's status would be terminated for one of several reasons, including upon separation or reassignment to another unit. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence shows the applicant held the rank/grade of SP5/E-5 on 18 October 1968. He was also appointed to the temporary grade of Acting Sergeant on effective 5 August 1969. Unlike an appointment or promotion to temporary or permanent SGT/E-5, an Acting SGT holds the rank/grade temporarily due to either the absence of a qualified SGT, due to a unit's need for an acting NCO, or due to other reasons. An Acting SGT is an acting SGT only for the period of time he/she was assigned to the unit that appointed him to that acting grade. The temporary appointment to acting SGT would have terminated upon a Soldier’s exit from the unit that appointed him to the acting grade. b. The evidence also shows he was awarded the Bronze Star Medal on 6 September 1969, for meritorious service in connection with military operations against a hostile force in Vietnam from March 1968 to October 1969. Both, the General Orders, and the resultant certificate listed his rank as SP5/E-5. The Board determine the correct rank of SP5 was listed on the orders and the certificate. There is neither an error nor an injustice. However, the Board also determined since he held the temporary grade of acting SGT during a portion of the period covered by the Bronze Star Medal, there is no harm to the Army or the Soldier if the Bronze Star Medal order is amended and resultant certificate is reissued to show his rank as SGT vice SP5. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending General Orders Number 3401 issued by Headquarters, U.S. Army Vietnam, on 6 September 1968 awarding him the Bronze Star Medal to show his rank as SGT vice SP5 * issuing him a new Bronze Star Medal Certificate for meritorious service in connection with military operations against a hostile force in Vietnam from March 1968 to October 1969 with the rank SGT vice SP5 I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-200 (Enlisted Personnel Management System) at the time, chapter 7 provided policy and procedures governing the promotion and reduction of enlisted Soldiers. Paragraph 7-11 stated that company and detachment commanders could appoint acting SGTs to fill position vacancies existing in their units. Acting NCOs could wear either the regular insignia of grade permanently affixed to the sleeve or acting NCO brassards. Acting NCOs were not entitled to pay and allowances of such higher grades and service as an acting NCO would not be credited as time in a higher grade for appointment or date of rank purposes. An acting NCO's status would be terminated for one of several reasons, including upon reassignment to another unit. 3. Unlike an appointment or promotion to temporary or permanent SGT/E-5, an acting SGT holds the rank/grade temporarily due to either the absence of a qualified SGT, due to a unit's need for an acting NCO, or due to other reasons. An Acting SGT is an acting SGT only for the period of time he was assigned to the unit that appointed him to that acting grade. The temporary appointment to acting SGT would have terminated upon a Soldier’s exit from the unit that appointed him to the acting grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004960 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1